I just recently asked a question today regarding my husband who I have been married to for 6 years and He is definately moving to Colorado on May 6th 2011 while I am going to be living here in Massachusetts at my former apartment in Dorchester, MA. We don't have children and we are dividing things between ourselves. We also do not have a lot of money and He has met some friends that are helping him with his plane ticket and moving costs/ I just want a safe transition and I can't lose my job because of this Please any advice would help out a lot. He is on disability and I just returned to my job. It is just personal property no monetary value between us. Thank you so much!!!
2 Answers from Attorneys
If he is moving on May 6th, and the both of you want to proceed with an uncontested divorce (which I would recommend), then you need to get all of the divorce paperwork drafted and filed asap. You can get most of the required forms from your county's Probate and Family Court. Make sure to ask the clerk for a Joint Petition for Divorce - with no children. It should come as a "packet" of paperwork. However, this packet will not include the mandatory Separation Agreement, which generally must be drafted by an attorney.
The cost to have an attorney draft a separation agreement for a uncontested divorce generally runs between $500 and $750. However, some attorneys, like myself, offer reduced rates for those on limited incomes. If you want an attorney to handle the entire divorce process for you, the fees are a little higher.
I hope you found this response helpful. For more information on the process, you can visit my website at www.massachusetts-familylaw.com.
It sounds like you have already agreed on a division of property and debts. You both can file an Uncontested Divorce with the court. You will need a written Separation Agreement to file with all of the necessary court documents. It would be a benefit for the two of you to sit down with a mediator who can write the Separation agreement for you with all the necessary language.
A mediator is a neutral third party and may or may not be an attorney. The cost runs between $500 and $1000.00, which the parties can split the cost.